Regency12/2/13
RESOLUTION
TOWN OF WAPPINGER PLANNING BOARD
RE: REGENCY AT WAPPINGER (FORMERLY HILLTOP VILLAGE AT
WAPPINGER) - RESOLUTION OF PRELIMINARY AND FINAL
SUBDIVISION PLAT APPROVALS
At a regular meeting of the Planning Board of the Town of Wappinger, Dutchess
County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York
on the 2nd day of December , 2013 at 7:00 P.M.
The meeting was called to order by the Chairman Robert L. Valdati and the
Planning Board member attendance was as follows:
Robert L. Valdati
Angela Bettina
Max Dao
Victor Fanuele
Marsha Leed
Francis Malafronte
June Visconti
Present
Present
Present
Present
Present
Present
Present
The following resolution was moved by T ,ne visconti and seconded
by Max Dao
WHEREAS, the Town of Wappinger Planning Board has received the application
from Toll Brothers, Inc. (the "Applicant") on behalf of Toll Land V Limited Partnership
(the "Owner") for Subdivision Plat Approval to subdivide Parcel 1 of the Filed Map
#11070B into 4 parcels (3 condo parcels and 1 recreation parcel); X87.3 acres (Condo 1),
124.4 acres (Condo 2); 114.8 acres (Condo 3) and 115.2 acres (Rec 1) in size as part of
the condominium offering plan (the "Project" or "Proposed Action); and
WHEREAS, the recreation parcel will ultimately be owned by the Regency
Homeowners Association, which association will also serve as the umbrella homeowners
association over the condominium parcels; and
WHEREAS, the X141.6-acre subject property is designated as 6257-02-630770 on
the tax maps and is at the intersection of All Angels Hill Road (County Route 94) and
Hilltop Drive within the Multifamily Residence (RMF-3) zoning district (the "Subject
Property" or "Site"); and
REGENCY AT WAPPINGER (FORMERLY HILLTOP VILLAGE AT WAPPINGER) -
RESOLUTION OF PRELIMINARY AND FINAL SUBDIVISION PLAT APPROVALS
WHEREAS, the Proposed Action does not involve any physical activity on Subject
Property; and
WHEREAS, the Applicant has submitted an application forms for Preliminary and
Final Subdivision Plat Approvals, both dated 9/9/2013; an Owner Consent Form, dated
9/10/2013; a Short Environmental Assessment Form, dated 9/9/2013; a Project Narrative,
dated 11/4/2013; and the following subdivision plans generally entitled Regency at
Wappinger, dated 9/9/2013, last revised 11/4/2013; and prepared by Povall Engineering,
PLLC:
1. Sheet L-1, Overall Layout Plan;
2. Sheet L-1, Overall Layout Plan (In color and 11' by 17' in size); and
3. Sheet SD-1, Subdivision Plat -Parcel 1 of F.M. 11070B; and
WHEREAS, the Planning Board is familiar with the Subject Property and its
surroundings, and has reviewed the Project in accordance with the standards for approval
contained in the Zoning Law and the Land Subdivision Regulations; and
WHEREAS, the Planning Board determined that the Proposed Action is a Unlisted
Action with respect to the State Environmental Quality Review Act (SEQRA) and
Wappinger Environmental Quality Review (WEQR); and
WHEREAS, a duly advertised public hearing on the Project application was held on
December 2, 2013, at which time all those wishing to be heard were given the opportunity
to be heard and the hearing was closed on that date.
NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS:
1. The Planning Board hereby adopts and incorporates as findings and determinations
the recitations and statements set forth above as if fully set forth and resolved herein.
2. Pursuant to the State Environmental Quality Review regulations, the Planning Board
hereby adopts a Negative Declaration on the grounds that the Proposed Action will
not result in any significant adverse environmental impacts since there is no
construction and/or land disturbance associated with the proposed subdivision.
3. The Planning Board hereby grants Preliminary Subdivision Plat Approval to the
Project to subdivide Parcel 1 of the Filed Map #11070B into 4 parcels (3 condo
parcels and 1 recreation parcel); X87.3 acres (Condo 1), X24.4 acres (Condo 2);
~ 14.8 acres (Condo 3) and f 15.2 acres (Rec 1) in size as part of the condominium
offering plan, as shown on the Subdivision Plat.
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REGENCY AT WAPPINGER (FORMERLY HILLTOP VILLAGE AT WAPPINGER) -
RESOLUTION OF PRELIMINARY AND FINAL SUBDIVISION PLAT APPROVALS
4. The Planning Board hereby waives the public hearing on the Final Subdivision
Plat because the Final Subdivision Plat is in substantial conformance with the
Preliminary Subdivision Plat.
5. The Planning Board hereby grants Final Subdivision Plat Approval to the Project, as
defined above, subject to the following conditions and modifications which must
be satisfied prior to the signing of the Final Plat by the Chairman of the Planning
Board:
a. The Property Owner and the Applicant shall endorse and submit a copy of
this Resolution to the Zoning Administrator for filing.
b. The Property Owner shall submit a copy of the current deed to prove its
ownership of said properties.
c. The Applicant shall submit a statement signed by the Town's Tax Collector
that all taxes due on the Subject Property have been paid in full.
d. The Applicant shall prepare a final subdivision plat in accordance with
Section A-5 of the Town of Wappinger Land Subdivision Regulations.
e. The plat shall be signed and sealed by a licensed surveyor and professional
engineer, all metes and bounds shall be finalized, and all required signature
blocks shall be endorsed to the satisfaction of the Town Engineer.
5. Conditional approval of the Final Plat shall expire one hundred eighty (180) days
after the date of this resolution unless all requirements have been certified as
completed. However, the Planning Board may extend for periods of ninety (90)
days each, the time in which a conditionally approved plat must be submitted for
signature if, in the Planning Board's opinion, such extension(s) is/are warranted by
the particular circumstances.
6. In accordance with the Town's Schedule of Fees, the Applicant shall be responsible
for the payment of all application review fees incurred by the Planning Board in
review of this Project which are in excess of the application review fees paid by the
Applicant to-date. Such fees shall be paid within thirty (30) days of the notification
to the Applicant that such fees are due. If such fees are not paid within this thirty
(30) day period and an extension therefor has not been granted by the Planning
Board, this resolution shall be rendered null and void. Refunds of any remaining
funds within the escrow account for the applications will not be made until six (6)
months after the filing of the subdivision plat.
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REGENCY AT WAPPINGER (FORMERLY HII.LTOP VILLAGE AT WAPPINGER) -
RESOLUTION OF PRELIMINARY AND FINAL SUBDIVISION PLAT APPROVALS
7. The Planning Board Chairman shall endorse a copy of this resolution certifying its
correctness. The Owner and the Applicant shall also sign a copy of this resolution
after it has been initially endorsed by the Chairman acknowledging receipt of a copy
of the resolution. When all of the conditions set forth in the conditions above have
been satisfied, a copy of the final subdivision plat, revised as necessary, shall be
submitted for endorsement by the Planning Board Chairman, certifying that the
plans comply with the terms of this resolution, at which time, the Chairman shall
also endorse this resolution in the space provided below, certifying that the Owner
and/or Applicant have complied with the above conditions of approval and that the
Final Plat is authorized for filing with the County Clerk, Division of Land Records.
After said filing, two (2) certified copies of the Final Plat and the above mentioned
easements certified by Dutchess County and six (6) copies of the certified copies
of the Final Plat shall be submitted to the Planning Board. One (1) certified copy
of the Final Plat shall be retained by the Planning Board and the other certified
copy shall be transmitted to the Town Clerk along with a signed copy of this
resolution.
Regarding the six (6) copies of the certified copies of the Final Plat, one (1) copy
each will be provided to the Town Building Inspector, Town Engineer, Town
Planner, Town Highway Superintendent, Town Zoning Enforcement Officer and
the Dutchess County 911 Addressing Office.
The question of adoption of the foregoing resolution was duly put to a vote on roll call,
which resulted as follows:
Robert L. Valdati, Chairman
Angela Bettina
Max Dao
Victor Fanuele
Marsha Leed
Francis Malafronte
June Visconti
Voting: ASP
Voting: Aye
Voting: Aye
Voting: A~
Voting: Aye
Voting: Aye
Voting: Aye
The resolution is hereby duly declared adopted.
Dated: December 2 , 2013
Wappingers Falls, New York
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REGENCY AT WAPPINGER (FORMERLY HII.LTOP VII.LAGE AT WAPPINGER) -
RESOLU'I'ION OF PRELIMINARY AND FINAL SUBDMSION PLAT APPROVALS
Robert L. Valdati, Chairman
Town of Wappinger Planning Board
Toll Brothers Inc.
Applicant
Toll Land V Limited Partnership
Owner
Date
Date
Date
The following endorsement hereby confirms that the Owner and the Applicant have
fulfilled all of the conditions of this resolution and authorizes the signing of the Final
Subdivision Plat and the filing with the County Clerk, Division of Land Records.
Robert L. Valdati, Chairman Date
Town of Wappinger Planning Board
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